Common use of Landlord’s Self-Help Clause in Contracts

Landlord’s Self-Help. Should Tenant fail to pay and discharge (or post satisfactory bond), when due and payable, any tax or assessment, payable by Tenant under this Lease, or any lien or claim for labor or materials employed or used in, or any claim for damages arising out of the repair, alteration, maintenance and use of the Premises, or should Tenant fail to procure and maintain or to evidence the procurement and maintenance of any insurance to be procured and maintained by Tenant under this Lease (self- insurance excepted), or should Tenant fail to fully perform any covenant or agreement to be performed by Tenant, as provided for in this Lease, after thirty (30) days' written notice from Landlord, or commence to cause within said thirty (30) day period and be diligently pursuing a cure of such default, then Landlord may, at its option and without waiving or releasing Tenant from any of Tenant's obligations hereunder pay any such tax, assessment, lien, claim, or charge, or settlement or discharge any action therefor or satisfy any judgment thereon or obtain any such insurance. Sums incurred or paid by Landlord in connection therewith, together with interest at the Default Rate on such costs, expenses and sums from the date incurred or paid by Landlord, shall be deemed to be additional rental hereunder and shall be paid by Tenant with and at the same time as the next installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease.

Landlord’s Self-Help. Should If Tenant shall at any time after the Commencement Date fail to pay and discharge (make any payment or post satisfactory bond), when due and payable, perform any tax act which Tenant is obligated to make or assessment, payable by Tenant under this Lease, or any lien or claim for labor or materials employed or used in, or any claim for damages arising out of the repair, alteration, maintenance and use of the Premises, or should Tenant fail to procure and maintain or to evidence the procurement and maintenance of any insurance to be procured and maintained by Tenant perform under this Lease and (self- insurance excepted)except in the case of emergency, which for the purposes hereof shall include without limitation any failure by Tenant to comply with applicable Legal Requirements in such a manner as to immediately jeopardize Landlord’s interest in the Property) if the same continues unpaid or should Tenant fail unperformed beyond applicable grace periods, then Landlord may, but shall not be obligated so to fully perform any covenant or agreement to be performed by Tenant, as provided for in this Leasedo, after thirty (30) days' ’ written notice from Landlordto and demand upon Tenant, or commence without notice to cause within said thirty (30) day period and be diligently pursuing a cure or demand upon Tenant in the case of such defaultany emergency, then Landlord may, at its option and without waiving waiving, or releasing Tenant from from, any obligations of Tenant's obligations hereunder Tenant in this Lease contained, make such payment or perform such act which Tenant is obligated to perform under this Lease in such manner and to such extent as may be reasonably necessary, and, in exercising any such rights, pay any such taxreasonable costs and expenses, assessment, lien, claim, or charge, or settlement or discharge any action therefor or satisfy any judgment thereon or obtain any such insuranceemploy counsel and incur and pay reasonable attorneys’ fees. Sums incurred or All sums so paid by Landlord in connection therewithand all reasonable and necessary costs and expenses of Landlord incidental thereto, together with interest thereon at the Default Rate on such costsannual rate equal to the sum of (a) the rate from time to time announced by Bank of America (or its successor) as its prime or base rate and (b) two percent (2%) (but in no event greater than the maximum rate permitted by applicable law), expenses and sums from the date incurred or paid of the making of such expenditures by Landlord, shall be deemed to be additional rental hereunder and Additional Rent and, except as otherwise in this Lease expressly provided, shall be payable to Landlord within thirty (30) days after demand therefor, and if not paid within said period shall be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums with interest as aforesaid, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Xxxxxx as in the case of default by Tenant with in the payment of Annual Fixed Rent. Landlord shall not be responsible to Tenant for any loss or damage that may accrue to Tenant’s stock or business by reason of Landlord’s exercise of the rights set forth in this Section 16.17 except to the extent directly caused by the negligent act or omission or willful misconduct of Landlord or any of its agents, servants, employers or contractors. It is understood and at agreed that both parties shall have the right to submit any disputes under this Section 16.17 (including, without limitation, whether or not a Tenant default has occurred and whether or not the expenses incurred by Landlord in curing the same time as the next installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Leasewere reasonable) to arbitration in accordance with Section 16.32 below.

Landlord’s Self-Help. Should (A) If Tenant shall at any time fail to pay and discharge (make any payment or post satisfactory bond), when due and payable, perform any tax act which Tenant is obligated to make or assessment, payable by Tenant under this Lease, or any lien or claim for labor or materials employed or used in, or any claim for damages arising out of the repair, alteration, maintenance and use of the Premises, or should Tenant fail to procure and maintain or to evidence the procurement and maintenance of any insurance to be procured and maintained by Tenant perform under this Lease and (self- insurance excepted), except in the case of emergency) if the same continues unpaid or should Tenant fail to fully perform any covenant or agreement to be performed by Tenant, as provided for in this Lease, after thirty (30) days' written notice from Landlord, or commence to cause within said thirty (30) day period and be diligently pursuing a cure of such defaultunperformed beyond applicable grace periods, then Landlord may, at its option but shall not be obligated so to do, after ten (10) days' notice to and demand upon Tenant, or without notice to or demand upon Tenant in the case of any emergency, and without waiving waiving, or releasing Tenant from from, any obligations of Tenant's obligations hereunder Tenant in this Lease contained, make such payment or perform such act which Tenant is obligated to perform under this Lease in such manner and to such extent as may be reasonably necessary, and, in exercising any such rights, pay any such taxcosts and expenses, assessment, lien, claim, or charge, or settlement or discharge any action therefor or satisfy any judgment thereon or obtain any such insuranceemploy counsel and incur and pay reasonable attorneys' fees. Sums incurred or All sums so paid by Landlord in connection therewithand all reasonable and necessary costs and expenses of Landlord incidental thereto, together with interest thereon at the Default annual rate equal to the sum of (a) the Base Rate on such costsfrom time to time announced by Bank of Boston as its Base Rate and (b) two percent (2%), expenses and sums from the date incurred or paid of the making of such expenditures by Landlord, shall be deemed to be additional rental hereunder and Additional Rent and, except as otherwise in this Lease expressly provided, shall be payable to the Landlord on demand, and if not promptly paid shall be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums with interest as aforesaid, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant with and at as in the same time as case of default by Tenant in the next installment payment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this LeaseAnnual Fixed Rent.

Landlord’s Self-Help. Should If Tenant shall at any time after the Commencement Date fail to pay and discharge (make any payment or post satisfactory bond), when due and payable, perform any tax act which Tenant is obligated to make or assessment, payable by Tenant under this Lease, or any lien or claim for labor or materials employed or used in, or any claim for damages arising out of the repair, alteration, maintenance and use of the Premises, or should Tenant fail to procure and maintain or to evidence the procurement and maintenance of any insurance to be procured and maintained by Tenant perform under this Lease and (self- insurance excepted)except in the case of emergency, which for the purposes hereof shall include without limitation any failure by Tenant to comply with applicable Legal Requirements in such a manner as to immediately jeopardize Landlord’s interest in the Property) if the same continues unpaid or should Tenant fail unperformed beyond applicable grace periods, then Landlord may, but shall not be obligated so to fully perform any covenant or agreement to be performed by Tenant, as provided for in this Leasedo, after thirty (30) days' ’ written notice from Landlordto and demand upon Tenant, or commence without notice to cause within said thirty (30) day period and be diligently pursuing a cure or demand upon Tenant in the case of such defaultany emergency, then Landlord may, at its option and without waiving waiving, or releasing Tenant from from, any obligations of Tenant's obligations hereunder Tenant in this Lease contained, make such payment or perform such act which Tenant is obligated to perform under this Lease in such manner and to such extent as may be reasonably necessary, and, in exercising any such rights, pay any such taxreasonable costs and expenses, assessment, lien, claim, or charge, or settlement or discharge any action therefor or satisfy any judgment thereon or obtain any such insuranceemploy counsel and incur and pay reasonable attorneys’ fees. Sums incurred or All sums so paid by Landlord in connection therewithand all reasonable and necessary costs and expenses of Landlord incidental thereto, together with interest thereon at the Default Rate on such costsannual rate equal to the sum of (a) the rate from time to time announced by Bank of America (or its successor) as its prime base rate and (b) two percent (2%) (but in no event greater than the maximum rate permitted by applicable law), expenses and sums from the date incurred or paid of the making of such expenditures by Landlord, shall be deemed to be additional rental hereunder and Additional Rent and, except as otherwise in this Lease expressly provided, shall be payable to Landlord within thirty (30) days after demand therefor, and if not paid within said period shall be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums with interest as aforesaid, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Xxxxxx as in the case of default by Tenant with in the payment of Annual Fixed Rent. Landlord shall not be responsible to Tenant for any loss or damage that may accrue to Tenant’s stock or business by reason of Landlord’s exercise of the rights set forth in this Section 16.17 except to the extent directly caused by the negligent act or omission or willful misconduct of Landlord or any of its agents, servants, employers or contractors. It is understood and at agreed that both parties shall have the right to submit any disputes under this Section 16.17 (including, without limitation, whether or not a Tenant default has occurred and whether or not the expenses incurred by Landlord in curing the same time as the next installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Leasewere reasonable) to arbitration in accordance with Section 16.32 below.

Landlord’s Self-Help. Should If Tenant shall at any time fail to pay and discharge (make any -------------------- payment or post satisfactory bond), when due and payable, perform any tax act which Tenant is obligated to make or assessment, payable by Tenant under this Lease, or any lien or claim for labor or materials employed or used in, or any claim for damages arising out of the repair, alteration, maintenance and use of the Premises, or should Tenant fail to procure and maintain or to evidence the procurement and maintenance of any insurance to be procured and maintained by Tenant perform under this Lease and (self- insurance excepted), except in the case of emergency) if the same continues unpaid or should Tenant fail to fully perform any covenant or agreement to be performed by Tenant, as provided for in this Lease, after thirty (30) days' written notice from Landlord, or commence to cause within said thirty (30) day period and be diligently pursuing a cure of such defaultunperformed beyond applicable grace periods, then Landlord may, at its option but shall not be obligated so to do, after ten (10) days' notice to and demand upon Tenant, or without notice to or demand upon Tenant in the case of any emergency, and without waiving waiving, or releasing Tenant from from, any obligations of Tenant's obligations hereunder Tenant in this Lease contained, make such payment or perform such act which Tenant is obligated to perform under this Lease in such manner and to such extent as may be reasonably necessary, and, in exercising any such rights, pay any such taxreasonably necessary and incidental costs and expenses, assessment, lien, claim, or charge, or settlement or discharge any action therefor or satisfy any judgment thereon or obtain any such insuranceemploy counsel and incur and pay reasonable attorneys' fees. Sums incurred or All sums so paid by Landlord in connection therewithand all reasonable and necessary costs and expenses of Landlord incidental thereto, together with interest thereon at the Default annual rate equal to the sum of (a) the Base Rate on such costsfrom time to time announced by Bank of Boston as its Base Rate and (b) two percent (2%), expenses and sums from the date incurred or paid of the making of such expenditures by Landlord, shall be deemed to be additional rental hereunder and Additional Rent and, except as otherwise in this Lease expressly provided, shall be payable to the Landlord on demand, and if not promptly paid shall be added to any rent then due or thereafter becoming due under this Lease, and Tenant covenants to pay any such sum or sums with interest as aforesaid, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant with and at as in the same time as case of default by Tenant in the next installment payment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this LeaseAnnual Fixed Rent.